THE BLACK BOX OF PERPETUAL ACCESS

Michelle Polchow Electronic Resources Librarian University of California, Davis National • Libraries work to solve local needs

Digital • Simultaneously contribute to regional & national Platform for • NDP is conceptualized as a way of thinking Libraries • Measure US Libraries’ digital capacity & capabilities – Software applications – Social and technological infrastructure

National Digital Platform – Staff expertise Collaborative or Disconnected? University of California

… out of contract with Elsevier Don’t worry, we have perpetual access to the backfiles…

Picture: Gertrude Berg sitting at desk, https://digitalcollections.nypl.org/items/765ee483-b016-3a45-e040-e00a180622d2 What did the fine print say?

Picture: https://www.flickr.com/photos/msimmons/180114836 • License - Licensed Access (rent) versus Purchase

Electronic • Right to retain content after agreement ends? Resources • Archival rights – Is this dependent on an on-going relationship between the parties?

– Perpetual access- except where termination of the agreement occurs

• Licensor supplies Licensee with archival copy of database.

• Will Licensee become lawful owner of digital copy? • Perpetual License. Notwithstanding anything else in LibLicense the Agreement, Licensor grants to Licensee a Model nonexclusive, royalty-free, perpetual license to use any Licensed Materials that were [accessible or subscribed to] during the term of this Agreement. Such use shall Performance Obligations be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement. The means by which Licensee shall have access to such Licensed Materials • Survive termination of agreement shall be in a manner and form substantially equivalent to the means by which access is provided under this • Equivalent access after termination Agreement. If the Licensor’s means of access is not • Licensee take over equivalent access available, the Licensee may provide substantially equivalent access to the Licensed Materials in accordance with Sections 8.2 and 8.3, below. • Backup Copy. Licensor shall provide to Licensee upon Authorized request, or Licensee may create, one (1) copy of the Uses entire set of Licensed Materials to be maintained as a backup copy. In the event that the Agreement is terminated, Licensee may use the backup copy to exercise any perpetual license rights granted in this Agreement, including but not limited to use of the backup copy as the archival copy as specified in Section 8, below. Where perpetual rights have not been granted, Licensee will destroy all backup copies within [thirty (30) business days] of termination of this Agreement. UC contract lapse

…is sure to have profound, if yet unknown, implications for the scholarly communications ecosystem.

• UC System responsible for 10% of research output of US • Elsevier is world’s largest publisher of scholarly journals. Scholarly Record

Libraries have

• Long history in preserving scholarly output.

• Partnered with researchers as stewards of preservation and persistence.

• Technical Services on the front lines to deliver perpetual access. • Google Scholar provides best link maintenance for OA. UCD • OA is extremely labor intensive. Content • If UC negotiations with Elsevier moves scholarship into Open Access, what impact will that have on perpetual Support access?

Services Questions raised: • Equivalent infrastructure support from Elsevier? • Cataloging record services? • Turn discovery over to Google Scholar? • Version control and authentication? What might be about to shift? • Document removed from website by author Link Rot • Website redesign migrates one URL to another • Commercial businesses go out of business rendering websites inaccessible • Website owner forgets to renew domain registration or stops maintaining website Reference • Digital is ephemeral Rot • Content is dynamic • Wikipedia references rot as users change and edit previous entries National Digital Platform- Perpetual Access in action

• Digital Archiving • Occam’s Reader • Controlled Digital Lending • Internet Archive • Google Books • Third Party Archiving Services. Licensor and Licensee CLOCKKS acknowledge that either party may engage the services of third-party trusted archives and/or participate in LOCKKS collaborative archiving endeavors to exercise Licensee’s rights under this section of the Agreement. Licensor PORTICO agrees to cooperate with such archiving entities and/or initiatives as reasonably necessary to make the Licensed HathiTrust Materials available for archiving purposes. Licensee may Keepers Registery perpetually use a third-party trusted system or collaborative archive to access or store the Licensed Materials, so long as Licensee's use is under the same terms as this Agreement. Use License to advocate • In the event the Licensor discontinues or changes the for digital preservation terms of its participation in a third-party archiving service, the Licensor shall notify the Licensee in advance, and shall in good faith seek to establish alternative arrangements for trusted archiving and perpetual access to the Licensed Materials. Evolution of licensing e-resources

License address on-going access LIBLICENSE – model language Libraries required to provide or contingent upon on renewal? for libraries specify perpetual proof-of purchase. Older access rights agreements lacked title lists.

1990 2000 2019 Electronic Resources Management - Alma (not so) Easy Sharing of e-books Controlled Digital Lending

Format agnostic

Interlibrary loan using digital technology • Controlled Digital Lending – libraries’ lending platform

Internet • University Press – MIT, Cornell & University Colorado Press

Archives • Houston Law Library’s response to natural disasters USGS Case Study

Patuxent Wildlife Research Center Journal : Contemporary Herpetology Information Sophisticated internet research skills Legal Internet Archive, Wayback Machine Discipline The Legal Information Archive Case Study The Cyber Cemetery Internet Sources Cited in Opinions, Supreme Court of the US

Government Printing Office Persistent Uniform Resource Locator system (PURLs) Tracking Harvard Library Innovation Lab: Perma.cc rotten links • If UC’s storage facility repeatedly lend content but License must destroy digital copy following ILL transaction, should elements of preservation be assessed with ILL? vs. • Big data analysis opportunities? • Economy of scale for libraries? US Copyright • Collection Development vs. Fair Use & Technical Services vs. Preservation Public Services • Librarians - track down information obscured by broken links Dual Off-site Storage Purpose Activities

• Downsize staff resources • Increase efficiency • Optimize collections • Reduce storage costs • Maximize copyright Professional Competencies: Electronic Resources Librarian (ALA and NASIG)

--demonstrates leadership by being prepared to work with and act as a bridge across the multiple unites/departments involved in electronic resources

--high level of tolerance for complexity and ambiguity

--knowledge of systems architectures, capabilities, support options for library systems involved in accesss and preservation of electronic resources

--thorough knowledge of licensing and the legal framework …. --archival/perpetual access --interlibrary loan. --a practical working understanding of issues

--Knowledge of copyright and fair use that can be called into service in publisher/vendor license negotiations to obtain the least restrictive, most library-friendly licensing terms.

--High-level organizational and records management skills to coordinate and manage the often- complicated records needed to track electronic purchases, subscriptions, access set-up and maintenance, and licenses across the multiple departments usually involved in electronic resources.

Source: Sullenger, P. (2014). A departmental assessment using the core competencies for electronic resources librarians. Serials review, 40(2), 88–96. Https://doi.Org/10.1080/00987913.2014.922377 Appendix A Technical Services & E-rights

Yun Davis, Jeehyun. (2016). Transforming Technical Services: Evolving Functions in Large Research University Libraries. Library Resources & Technical Services. 60. 10.5860/lrts.60n1.52. National Digital Platform- Perpetual Access in action

• Digital Archiving • Occam’s Reader • Controlled Digital Lending • Internet Archive • Google Books Operationalizing the library Perpetual Access in action

• Perpetual access – receipts • Communicate with vendors • Collection goals • Job descriptions • Authorities - broken links • Data driven decisions • Strategy / Policy

Source: Edinburgh University, https://www.flickr.com/photos/woolamaloo_gazette/15294544499 Open Access (Free range)

Wild horses at play

Michelle Polchow Electronic Resources Librarian University of California, Davis [email protected]

Picture source: Wild horses, at play. https://digitalcollections.nypl.org/items/510d47da-dbe7-a3d9-e040-e00a18064a99 Bibliography

Association of College and Research Libraries, Environmental Scan 2019, American Library Association. https://bit.ly/2KeRY52

LIBLICENSE Model License: Licensing Digital Content. (2014) Center for Research Libraries. liblicense.crl.edu

Lipinski, T. (2013). The Librarian's Legal Companion for Licensing Information Resources and Services. Chicago: Neal-Schuman, An Imprint of the American Library Association. Print. Legal Advisor for Librarians, Educators & Information Professionals ; No. 4.

Margolis, E. :(2019). “Link rot, reference rot and the thorny problems of legal citation,” Partners for preservation: Advancing digital preservation through cross-community collaboration.

Marx, M., & Owens, T. (2015, June 11). The National Digital Platform for Libraries and Museums. American Libraries, 26-29.

. Bibliography

Office of Scholarly Communication, University of California, Accessed Sept. 19, 2019 at https://osc.universityofcalifornia.edu/open-access-at-uc/publisher-negotiations/uc-and-elsevier/ .

Sullenger, P. (2014). A departmental assessment using the core competencies for electronic resources librarians. Serials review, 40(2), 88–96. Https://doi.Org/10.1080/00987913.2014.922377

Walters, William H. "The Death and Migration of Book Collections in Academic Libraries." Portal: Libraries and the Academy 18.3 (2018): 415-22. Web.

Yun Davis, Jeehyun. (2016). Transforming Technical Services: Evolving Functions in Large Research University Libraries. Library Resources & Technical Services. 60. 10.5860/lrts.60n1.52.